21-6623.
Imposition of sentence of mandatory imprisonment of 40 or 50 years.
When it is provided by law that a person shall be sentenced pursuant to this section, such person shall be sentenced to imprisonment for life and shall not be eligible for probation or suspension, modification or reduction of sentence. Except as otherwise provided in this section, in addition, a person sentenced pursuant to this section shall not be eligible for parole prior to serving 40 years' imprisonment, and such 40 years' imprisonment shall not be reduced by the application of good time credits. For crimes committed on or after July 1, 1999, a person sentenced pursuant to this section shall not be eligible for parole prior to serving 50 years' imprisonment, and such 50 years' imprisonment shall not be reduced by the application of good time credits. For crimes committed on or after July 1, 2006, a mandatory minimum term of imprisonment of 50 years shall not apply if the court finds that the defendant, because of the defendant's criminal history classification, would be subject to presumptive imprisonment pursuant to the sentencing guidelines grid for nondrug crimes and the sentencing range would exceed 600 months if the sentence established for a severity level 1 crime was imposed. In such case, the defendant is required to serve a mandatory minimum term equal to the sentence established for a severity level 1 crime pursuant to the sentencing range, the defendant shall not be eligible for parole prior to serving such mandatory minimum term of imprisonment, and such mandatory minimum term of imprisonment shall not be reduced by the application of good time credits. No other sentence shall be permitted. Upon sentencing a defendant pursuant to this section, the court shall commit the defendant to the custody of the secretary of corrections and the court shall state in the sentencing order of the judgment form or journal entry, whichever is delivered with the defendant to the correctional institution, that the defendant has been sentenced pursuant to K.S.A. 21-6623, and amendments thereto.
History:
L. 2010, ch. 136, § 263; L. 2017, ch. 92, § 3; July 1.
Notes of Decisions
Cited in
14
cases (
9 in the last 5 years), 2016–2026 · leading case:
State v. Gulley, 505 P.3d 354 (Kan. 2022).
State v. Gulley, 505 P.3d 354 (Kan. 2022).
· cites it 5× “These statutes generally require the district court to sentence a defendant convicted of premeditated first-degree murder to life imprisonment without parole for 50 years unless there are substantial and compelling reasons to depart to the hard 25.”
State v. Hopkins, 537 P.3d 845 (Kan. 2023).
“The district court did not abuse its discretion when it denied Hopkins' motion for a downward departure sentence.”
State v. Blevins, 485 P.3d 1175 (Kan. 2021).
“Finally, Blevins argues that the district court erred by refusing to depart from the presumptive "hard 50" sentence otherwise applicable under K.S.A. 2020 Supp. 21-6623 and K.S.A. 2020 Supp.”
State v. Brown, 368 P.3d 1101 (Kan. 2016).
“22-3717(b)(3) governing parole eligibility for prisoners serving life terms not covered by other mandatory minimums, see K.S.A. 2014 Supp. 21-6620; K.S.A. 2014 Supp.”
State v. McNabb, 478 P.3d 769 (Kan. 2021).
· cites it 2× “21- 6620(c)(1)(A); K.S.A. 2019 Supp. 21-6623. The district court, however, may depart from this presumptive sentence if "the sentencing judge finds substantial and compelling reasons, following a review of mitigating circumstances, to impose" a hard 25 sentence.”
State v. Galloway, 518 P.3d 399 (Kan. 2022).
“See K.S.A. 2014 Supp. 21-6620(c); K.S.A. 2014 Supp.”
State v. Zongker, 555 P.3d 698 (Kan. 2024).
· cites it 2× “21-6620(c)(1)(A); K.S.A. 21-6623. We have interpreted the term "substantial" as used in this context to mean "'"something that is real, not imagined, and of substance, not ephemeral.”
State v. Hilt (Kan. 2017).
· cites it 3× “21-6620(e)(1), (5) (governing first-degree premeditated murder convictions committed after July 1, 1999, and before September 6, 2013; once jury makes necessary findings, defendant "shall" be sentenced to hard 50 under K.S.A. 2016 Supp. 21-6623); K.S.A. 2016 Supp.”
State v. McLinn (Kan. 2018).
· cites it 3× “If a defendant is sentenced under K.S.A. 2013 Supp. 21-6620(d)(6) and K.S.A.”
State v. McLinn (Kan. 2018).
· cites it 3× “If a defendant is sentenced under K.S.A. 2013 Supp. 21-6620(b)(6) and K.S.A.”
State v. Lopez (Kan. 2026).
· cites it 3× “21-6623, a defendant convicted of first-degree premeditated murder must be sentenced to life imprisonment without the possibility of parole for 50 years unless, after reviewing mitigating circumstances, the district court finds substantial and compelling reasons to impose a…”
State v. Young, 568 P.3d 498 (Kan. 2025).
· cites it 3× “21-6623 provide that a judge must sentence an individual convicted of premeditated first-degree murder to life in prison with a minimum term of 50 years unless the judge concludes substantial and compelling mitigating factors justify a life sentence with a minimum term of 25…”
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